What Nevada Record Sealing Does
Nevada record sealing removes arrests, charges, and convictions from public access. Once a record is sealed, it is no longer visible to employers conducting background checks, landlords screening tenants, or members of the general public searching court records. The sealed record still exists — it is not destroyed — but it is hidden from public view and you are legally permitted to state on most applications that the arrest or conviction did not occur.
Nevada uses the term “record sealing” rather than “expungement,” which is used in some other states. The practical effect is similar: your criminal history becomes private, allowing you to move forward without the burden of a public criminal record affecting your employment prospects, housing applications, and personal relationships.
Nevada Law on Record Sealing — How Courts Apply It
Nevada record sealing is governed by NRS 179.245 and NRS 179.255. These statutes establish which offenses qualify for sealing, the waiting periods that must pass after a conviction, and the court process for filing a petition. Courts apply this law by first verifying that the required waiting period has elapsed, then reviewing whether the petitioner has met all statutory requirements, and finally determining whether sealing is in the best interest of justice.
Nevada courts have discretion in evaluating record sealing petitions. While meeting the basic eligibility requirements creates a strong presumption in favor of sealing, courts can consider factors such as the nature of the original offense, the petitioner’s subsequent conduct, and victim objections in serious cases. Having an experienced attorney prepare and present your petition significantly improves your chances of approval, particularly for borderline cases or where the prosecution may object.
A common misconception is that all Nevada convictions can be sealed. In reality, certain serious offenses — including sexual offenses requiring registration, crimes against children, and certain category A felonies — are permanently ineligible for sealing under Nevada law. An attorney can review your specific record and advise whether your particular offenses qualify before you invest time and money in the process.
Waiting Periods by Offense Type
Nevada law requires different waiting periods depending on the offense before a record can be sealed. The waiting period begins after the case is closed — either from the date of conviction, the end of probation or parole, or the date charges were dismissed. General waiting periods include: category A and B felonies (10 years), category C, D, and E felonies (5 years), gross misdemeanors (2 years), misdemeanors (2 years), and certain misdemeanors like DUI (7 years). Drug offenses may have different waiting periods depending on whether the conviction involved trafficking or simple possession. Arrests that did not result in conviction can often be sealed immediately or after a short waiting period.
Practical Examples — What to Expect from the Record Sealing Process
Consider a Las Vegas resident who was arrested five years ago for a category E felony drug possession charge and completed probation successfully three years ago. Under Nevada law, this person would now be eligible to petition for record sealing, since the required five-year waiting period from the end of probation has elapsed.
The process would typically involve gathering court records from the Clark County District Court or Justice Court, filing a petition for sealing with supporting documentation, notifying the district attorney’s office (which has the opportunity to object), and attending a court hearing if required. If the petition is granted, the court orders all agencies — including law enforcement, courts, and the Nevada Repository of Criminal History — to seal the records. The entire process typically takes two to four months in Clark County from filing to completion.
Another common scenario involves an arrest that did not result in a conviction — for example, charges that were dismissed after a diversion program. In these cases, Nevada law generally allows immediate sealing, but the process still requires proper filing and court approval. Many people are unaware that dismissed charges can appear on background checks and cause the same employment and housing barriers as convictions. Sealing dismissed charges is just as important as sealing conviction records.
What Marathon Law Group Does Differently for Record Sealing
Marathon Law Group has 45 years of combined legal experience handling criminal defense and post-conviction matters in Clark County, including Nevada record sealing. When you hire us for record sealing, we review your complete criminal history — not just the conviction you are aware of — to identify all sealable records and ensure the most complete result possible.
We handle all aspects of the filing process, including gathering court records, preparing the petition, notifying required agencies, and representing you at any hearing. We also advise you on which records are eligible, which are not, and what the realistic timeline for your specific situation looks like. Our goal is to give you the clean start you deserve as efficiently as possible.
Frequently Asked Questions — Nevada Record Sealing
Does record sealing affect federal background checks? Nevada record sealing applies to state records. Federal agencies and some federal employers may still be able to access sealed records in certain circumstances. An attorney can advise you on how sealing affects different types of background checks.
Can I seal a DUI conviction? Yes, in most cases — but DUI convictions have a seven-year waiting period in Nevada, one of the longer waiting periods under state law. First-time DUI offenders who complete their sentence are generally eligible after the waiting period.
Does sealing my record mean I can legally say I was never arrested? For most applications — including private employment — yes. However, certain applications require disclosure of sealed records, including applications for law enforcement positions, gaming licenses, and some professional licenses. An attorney can explain the specific limitations that apply to your situation.
Start the Process — Free Consultation
If you are ready to move forward and seal your Nevada criminal record, contact Marathon Law Group for a free consultation. Call (702) 522-1808 or contact us online. We handle record sealing matters throughout Las Vegas, Henderson, North Las Vegas, and all of Clark County. We also handle personal injury and family law matters. Se habla español.